Preman Sharma @ Prem Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43397 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -GARKHA District- SARAN ======================================================
1. Preman Sharma @ Prem Sharma son of late Jageshwar Sharma
2. Ganesh Sharma son of late Rameshwar Sharma
3. Pramod Kumar Rai @ Parmod Kumar @ Pramod Rai S/o Ranjeet Rai
4. Ramjeet Rai son of late Butan Rai All residents of village - Purnadih, P.S. Derni, District - Saran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranvijay Singh For the Opposite Party/s : Mr. Chandrasen Prasad Singh ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Garkha P.S. Case No. 177 of 2016, disclosing offences under Sections 341, 379, 504 and 354 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the police, upon completion of
Patna High Court Cr.Misc. No.43397 of 2017 (2) dt.22-09-2017 2/3 investigation, found the case to be false and, accordingly, submitted final report.
The First Information Report appears to have been registered under Section 156(3) of the Code of Criminal Procedure, on the basis of a complaint petition filed by the informant.
The petitioners apprehend their arrest because the court below has taken cognizance despite final report having been submitted by the police.
Considering the facts and circumstances, in my view, a case for grant of anticipatory bail is made out. This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Saran, in connection with Garkha P.S. Case No. 177 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required
Patna High Court Cr.Misc. No.43397 of 2017 (2) dt.22-09-2017 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T